| dc.description.abstract | Banking plays a crucial role in the economy as an institution that manages
public funds. Customers' trust in the banking system heavily depends on security
and transparency in fund management, including the protection of savings
balances. However, in practice, cases of lost savings balances frequently occur,
leading to legal disputes between customers and banks. This study aims to analyze
legal protection for customers against loss of customer savings balance, with a
case
study
of
the
Denpasar
District
Court Decision Number
149/Pdt.G/2021/PN.DPS.
The research method used is normative juridical with a statutory
approach. The primary data source is secondary data obtained through literature
studies, which are analyzed qualitatively using a case approach based on the
relevant court decision.
The results of the study indicate that in this case, the bank was found to have
committed an unlawful act due to its negligence in handling customer complaints
and failing to provide adequate protection against suspicious transactions. The
plaintiff in this case experienced a sudden loss of funds after his ATM card was
retained in the machine, without any conscious transaction being made.
Furthermore, the bank did not immediately block the plaintiff’s account after he
reported his lost card, allowing unauthorized transactions to continue. In its
considerations, the court ruled that banks are responsible for ensuring the
security of customer transactions based on the prudential banking principle, as
regulated under Law Number 10 of 1998 on Banking and Article 1365 of the
Indonesian Civil Code, which governs unlawful acts. The court decision stated
that the bank was negligent in fulfilling its obligation to protect customer funds. It
imposed a penalty requiring the bank to pay material compensation amounting to
IDR 76,082,526 to the plaintiff. However, the claim for immaterial compensation
of IDR 500,000,000 was rejected due to the absence of concrete evidence
demonstrating psychological harm suffered by the plaintiff due to the loss of his
savings balance. | en_US |
